Clark v. Bryan
West Virginia Supreme Court
Appeal from Circuit Court, Tucker County. Bill by C. B. Clark and others against J. B. Bryan and others. From an order awarding an injunction appointing a receiver, defendants appeal.
1Opinion of the Court
Dent, Judge:
This is an appeal improvidently awarded to an ex parte vacation order made by the judge of the circuit court of Tucker County awarding an injunction and appointing a receiver. The appellant has not yet made any appearance in the circuit court for any purpose, and according to the holding of this Court in the late case of Brast v. Kanawha Oil Co. et ad., 46 W. Va. 613, decided since the appeal herein was allowed, it must be dismissed, as the order from which it was taken, however erroneous, is non-appealable until a motion has been made in the lower court to correct it.
Dismissed.
2Cases cited1 opinion
- Brast v. Kanawha Oil Co.West Virginia Supreme Court · 1899
3Cited by1 opinion
- Goff v. GoffWest Virginia Supreme Court · 1903